Dugle Ex Rel. Dugle v. Norfolk Southern Railway Co.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Deputy Sheriff Paul Dugle was severely injured when a train operated by the Norfolk Southern Railway Company (Norfolk) struck the police cruiser that he was driving across a set of railroad tracks in Shelby County, Kentucky. The tracks cross a gravel drive that leads to a county-owned firing range. Dugle and his wife sued Norfolk for negligence in failing to warn of the train’s approach to thé crossing. The district court granted summary judgment for Norfolk after finding that the gravel drive was a private road, that the crossing was not…